STATE OF GUJARAT Vs. MADHUBALA MOHANLAL

JUDGEMENT

(1.) THE present appeals are filed under section 54 of the Land Acquisition Act, 1894 (hereinafter to be referred to as 'the Act') against common judgment and award passed under section 18 of the Act by learned Assistant Judge, Amreli dated 01.07.1999 in Land Reference Case Nos.86/97 to 90/97. THE lands situated at Amreli have been acquired for the public purpose of THEbi Irrigation Project by the State of Gujarat. THE notification, as contemplated under section 4 of the Act, was published on 01.08.1990 and section 6 notification was published on 11.07.1991. THE Land Acquisition Officer, after following the procedure as contemplated under the Act, made and declared award under section 11(1) of the Act on 23.07.1993. THE Land Acquisition Officer under the said award, after considering the sale instances and evidence adduced before him awarded Rs.50/sq.mtr. for agricultural lands and Rs.150/sq.mtr. for non-agricultural lands. As the original claimants were dissatisfied with the award, they raised the disputes as contemplated under section 18 of the Act, which were referred by the Land Acquisition Officer to District Court, Amreli and the same came to be registered as Land Reference Case Nos.86/97 to 90/97. THE Reference Court passed an order of consolidation of all the references, considering Land Reference Case No.86/1997 as main reference. THE Reference Court, after hearing the parties concerned, vide judgment and award dated 01.07.1999 partly allowed the said references and ordered to pay Rs.240/sq.mtr., for lands bearing Survey Nos.43/5/A, 43/5/A, and 43/5/A-2 i.e. in First Appeal No.7586/99 (arising out of Land Reference Case No.86/97), First Appeal No.7588/99 (arising out of Land Reference Case No.88/97) and First Appeal No.7589/99 (arising out of Land Reference Case No.89/97) and Rs.160/sq.mtr. for lands bearing Survey No.43/3, 40/4, 42/3 and 39 P. in First Appeal No.7587/99 (arising out of Land Reference Case No.88/97) and First Appeal No.7590/99 (arising out of Land Reference Case No.90/97) as compensation to the claimants. In addition, in Land Reference Case No.86/97 the Reference Court has awarded separate rental compensation for lands covered by 12 godowns to the tune of Rs.43,500/- to the original claimants. Being aggrieved by the same, the present appeals are preferred.

(2.) THE relevant factual aspect relating to the aforesaid land references are enumerated as under: Sr. No. Land Ref. Case No. Survey of Land acquired Village 01. 86/97 43/5/A Amreli 02. 87/97 43/3,40/4, 42/3 Amreli 03. 88/97 43/5/A Amreli 04. 89/97 43/5A-2 Amreli 05. 90/97 39 P. Amreli

(3.) THE Reference Court has relied upon the previous award passed by the Reference Court in Land Reference Case No.6 of 96 (Exh.33) relating to the acquisition for the same purpose in which case section 4 notification was published on 15.03.1990 and has fixed the market value by awarding the compensation of Rs.240/sq.mtr. for lands bearing Survey Nos.43/5/A, 43/5/A P., and 43/5/A-2 and Rs.160/sq.mtr. for lands bearing Survey No.43/3, 40/4, 42/3 and 39 P. by way of compensation to the claimants.